Author Info for Constangy, Brooks, Smith & Prophete, LLP

Danielle Elizabeth Acocella

Do You “Like” Me? Are We “Friends”? A Social Media Update For Employers

Every company has faced challenges related to the social media presence of, or use by, prospective and current employees. This includes questions about off-duty conduct that spills over into the workplace, posting about terms…more

Employer Liability Issues, Employment Policies, NLRB, Social Media, Social Media Policy

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Suzie Allen

Amendments would beef up Canada’s proposed Digital Charter Implementation Act

Amendments have recently been proposed to two of the three statutes to be enacted under Canada’s Bill C-27: The Digital Charter Implementation Act. The statutes that may be amended are the Consumer Privacy Protection Act and the…more

Artificial Intelligence, California Privacy Protection Agency (CPPA), Canada, Consumer Protection Act, DATA Act

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Jasmine Anderson

What employers need to know about California's new COVID-19 paid sick leave

Supplemental Paid Sick Leave for COVID is back! As anticipated, on February 9, California Gov. Gavin Newsom (D) signed into law S.B. 114, which reinstates supplemental paid sick leave for covered employees and their family…more

California, CDPH, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Covered Employees

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Barbara Antonucci

Think Your Commission-Only Plan Is Good?

Two of the more complicated areas of California wage-and-hour law involve commission plans and overtime exemptions. Commission plans are complex animals – long gone are the days where Joey gets 5 cents for each widget he sells…more

California, Exempt-Employees, Fair Labor Standards Act (FLSA), Over-Time, Salaried Employees

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John Babione

Data collection on corporate websites is a litigation risk

Businesses continue to be subjected to a steady stream of consumer class action lawsuits alleging improper collection or disclosure of information from their websites. A variety of laws and legal claims are used to support the…more

CIPA, Class Action, Data Collection, Data Privacy, Data Security

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M. Elysia Baker Analo

Three proposed Illinois bills to watch: Family responsibilities, reproductive decisions, and harassment standards

Three bills are making their way through the Illinois state legislature that would amend the Illinois Human Rights Act by setting new standards for employer responsibilities and employee rights in the workplace. Here is a…more

Caregivers, Discrimination, Illinois, Paid Time Off (PTO), Proposed Legislation

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Laura Balson

Can GIPA be the new BIPA?

There’s a new wave of class action lawsuits hitting Illinois employers, based on a law that has been under the radar for more than 25 years: The Genetic Information Privacy Act, also known as GIPA. Passed in 1998, GIPA prohibits…more

Biometric Information, Biometric Information Privacy Act, Coronavirus/COVID-19, Data Privacy, Genetic Materials

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Timothy Barbetta

NY appeals court says manual workers can‘t sue for being paid biweekly rather than weekly

On Wednesday, the Second Department of New York’s appellate court division issued a much-anticipated ruling in Grant v. Global Aircraft Dispatch Inc., holding that Sections 191 and 198 of the New York Labor Law do not expressly…more

Appellate Courts, Class Action, Damages, New York, Payroll Periods

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Daniel Barker

NLRB is Poised to Find "Joint Employer" Relationships Just About Everywhere

As we have previously reported, on July 29, Richard Griffin, General Counsel of the National Labor Relations Board, announced his intention to charge McDonald's USA, LLC, as a "joint employer" with its franchisees in a series of…more

Employer Liability Issues, Franchises, Joint Employers, McDonalds, NLRB

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Nestor Barrero

Constangy Webinar - Marijuana in the Workplace: Guiding Employers Through the Cannabis Maze

Join Constangy partners Keya Denner, Ashley Orler and Nestor Barrero as they review current cannabis laws and workplace protections, discuss changes to cannabis laws on the horizon, including the California Fair Employment and…more

Cannabis Products, Decriminalization of Marijuana, Employer Liability Issues, Employment Policies, Marijuana

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Kathleen Barrow

Timing Is Everything.

The timing of plan contributions and employer deductions may lead to surprising and troubling tax consequences. As we approach the end of the calendar year (and yes, we really are getting close), employers may begin examining…more

Benefit Plan Sponsors, Employee Benefits, Employer Contributions, Employer Liability Issues, Qualified Retirement Plans

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Mariela Benitez

Good News On USCIS Fees And Expansion Of Premium Processing

As we reported previously, the U.S. Citizenship and Immigration Services was due to increase filing fees by approximately 20 percent across many filing types, including new fees on asylum and additional fees for applicants under…more

Department of Homeland Security (DHS), Filing Fees, H-1B, Popular, Premium Pay

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Kimberly Bernstein

Phone call triggers employer's "reporting pay" obligations: California Snapshot

What is "reporting for work" that triggers a retail employer's reporting pay obligations? According to the California Court of Appeal, a simple phone call will do the trick. The court's recent decision in Ward v. Tilly’s, Inc.,…more

Call-In Pay, Employer Liability Issues, Employment Policies, On-Call Employees, Wage and Hour

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William Blue Jr.

SCOTUS endorses "existential" challenge to administrative agencies

Labor lawyers, take note. Last week, the U.S. Supreme Court issued a decision that doesn’t address employment law directly, but it certainly does indirectly. Labor lawyers in particular need to watch this. In Axon…more

Administrative Law Judge (ALJ), Administrative Procedure, Federal Court Litigation, Federal Trade Commission (FTC), Labor Relations

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Katherine (Kitty) Boyte

Treating COVID-19 As A Workers’ Comp Illness May Open A Can Of Worms

Employers and insurance carriers have already begun to see workers’ compensation claims as a result of COVID-19 illnesses, and aren’t always sure how to respond. Should the claim be accepted as a compensable “occupational…more

Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, Workers' Compensation Claim, Workplace Safety

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Penni Bradshaw

Here’s the deal with President Trump’s Executive Order on H-1B visas

On Tuesday, President Trump signed an Executive Order entitled “Presidential Executive Order on Buy American and Hire American.” Section 5 of the EO directs the Attorney General, and the Secretaries of State, Labor, and Homeland…more

Executive Orders, Foreign Workers, H-1B, Lottery, Trump Administration

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Patricia-Anne Brownback

FOCUS On Goals, Not Just Resolutions, This Year

Set yourself up for success in 2020! What resolutions did you make when the clock hit midnight this year? Maybe that you would lose weight, stop eating junk food, or that you would stop spending so much time on Facebook? Are…more

Best Practices, Professional Development, Young Lawyers

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Obasi Bryant

GA update: Voting leave, no sunset on Kin Care

Georgia’s voting leave law changed effective July 1. First, the Georgia statute was amended to add “advance in-person voting” (early voting) to the types of voting for which employers must allow unpaid time off…more

Caregivers, Family and Medical Leave Act (FMLA), Georgia, Primary Elections, Sick Leave

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Dafina Buçaj

Legislative Update: Swiss Data Protection Act took effect September 1

The new Swiss Federal Act on Data Protection, known by the acronym “nFADP,” took effect on September 1. The law was enacted by the Swiss parliament in 2020. The law introduces new rights for Swiss citizens, but also…more

Cyber Incident Reporting, Cybersecurity, Data Breach, Data Controller, Data Processors

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Thy Bui

New PPE Requirements For Some CA Health Care Employers

Happy new year! California is ringing in 2021 with some new requirements related to personal protective equipment for certain health care employers. Due to shortages during the early days of the COVID-19 pandemic, two new…more

Acute Facilities, Coronavirus/COVID-19, Healthcare Facilities, Inventory, OSHA

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Anjanette Cabrera

Are you ready? NYC Salary Transparency Law takes effect November 1

As we previously wrote here and here, New York City recently passed a law requiring employers to include the minimum and maximum salary, or wage range, in job postings. The law goes into effect on November 1…more

Disclosure Requirements, Job Ads, Job Applicants, New York, Pay Transparency

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Kenneth Carlson Jr.

Noncompete Agreements - Traps for the Unwary: Part 2

This is a two-part series where we are doing a deep dive into noncompete agreements and traps for the unwary. Noncompete agreements have a reputation for being technical, but what is it exactly that makes them so tricky? Join…more

Blue Pencil Contract Modification, Employment Contract, Former Employee, Hiring & Firing, Non-Compete Agreements

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Jeff Champ

Nurse Tech Lawsuit Claiming Patient Harassment Fails, Court Says

In determining what counts as harassment in the workplace, context matters. Or at least that’s the takeaway from a recent decision from the U.S. Court of Appeals for the Fifth Circuit, affirming the dismissal of a lawsuit…more

Caregivers, Employer Liability Issues, Healthcare Facilities, Nursing Homes, Retaliation

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Stephanie Chavez

Lend Your Caregivers A Hand During The COVID-19 Crisis

Here's how employers can help families. According to a World Health Organization report, men are more likely than women to become sick with COVID-19. But unlike recent recessions, in which men suffered the most job losses, the…more

Bureau of Labor Statistics, Child Care, Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Health and Safety

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Jason Cherry

Texas enacts new data privacy rules focused on protection of minors

As a former Special Agent for the Federal Bureau of Investigation who investigated cybercrimes involving children, I know from experience that the topic of increasing online protections for minors provoked intense debates among…more

Cyber Crimes, Cybersecurity, Digital Service Providers, FBI, Minors

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Justin Clark

What Employers Need To Know About The Economic Injury Disaster Loan program

The Economic Injury Disaster Loan program is a disaster relief program administered by the Small Business Association. The program, already in place when the coronavirus crisis hit, offers low-interest federal loans to help…more

CARES Act, Coronavirus/COVID-19, Corporate Counsel, Economic Injury Disaster Loans, SBA Lending Programs

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Gerard Clodomir

Delaware Enacts New Sexual Harassment Provisions – With Mandatory Training!

Yesterday, Gov. John Carney (D) of Delaware signed into law H.B. 360, which provides more protections related to sexual harassment under the Delaware Discrimination in Employment Act. The DDEA currently prohibits…more

Anti-Harassment Policies, Employee Training, Employer Liability Issues, Employment Policies, Sexual Harassment

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Connor Cobean

Massachusetts Expands Employers' Obligations To Accommodate Pregnant Employees

On July 27, Governor Charlie Baker signed into law the Massachusetts Pregnant Workers Fairness Act. The Pregnant Workers Act (1) requires Massachusetts employers to provide pregnant women and new mothers with “reasonable…more

Americans with Disabilities Act (ADA), Civil Rights Act, Employer Liability Issues, Hiring & Firing, Pregnancy

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Justin Coffey

New Rules Will Make It Harder To Get H-1B Petitions Approved, Significantly Raise Required Wages For H-1Bs And Green Cards

Thursday, the Trump Administration published in the Federal Register two new Interim Final Rules designed to reduce significantly the number of H-1B workers in the United States. They are- •A rule from the U.S. Department of…more

Comment Period, Coronavirus/COVID-19, Department of Homeland Security (DHS), Department of Labor (DOL), Federal Register

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James Coleman

Fifth Circuit vacates DOL regs regarding tipped employees

On Friday, August 23, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit vacated a Final Rule issued by the U.S. Department of Labor that sought to restrict when employers could claim a “tip credit” under…more

Administrative Procedure Act, Arbitrary and Capricious, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Job Duties

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Claire Cronin

Supreme Court Of Georgia Revises “Rest Break Exception” To Workers’ Comp: But How Farr Did Frett Go?

In its June 16 decision in Frett v. State Farm Employee Workers’ Compensation, the Supreme Court of Georgia overruled an 85-year-old decision which held that workplace injuries incurred during “scheduled rest breaks” were not…more

Appeals, GA Supreme Court, Ingress/Egress, Off-Duty Employees, Workers' Compensation Claim

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Cara Yates Crotty

Federal court dismisses one of first post-SFFA lawsuits alleging “reverse” discrimination

Spoiler alert: DEI policy wasn't enough to establish discrimination. Five journalists who were formerly employed with Gannett Co., Inc., alleged that the media company’s diversity policies resulted in “reverse”…more

Affirmative Action, Bias, Corporate Counsel, Diversity and Inclusion Standards (D&I), Employer Liability Issues

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Amy Beth Dambeck

New Jersey “Marital Status” Protection Applies to All Types of Marital Status, State Supreme Court Says

The New Jersey Supreme Court has unanimously ruled that the New Jersey Law Against Discrimination includes protection for separated, divorcing and divorced employees. The LAD prohibits discrimination based on, among other…more

Divorce, Family Status Discrimination, Marital Status, Wrongful Termination

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Timothy Davis

NLRB limits employer opportunity to let employees vote on union representation

The National Labor Relations Board, by a 3 to 1 vote, has dramatically changed the playing field for employees seeking to exercise their Section 7 right to select a bargaining representative or to refrain from such. The decision…more

Administrative Law Judge (ALJ), Cemex, Collective Bargaining, Employees, Employer Liability Issues

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Doris Del-Castillo

Retailer - Fall 2014

Counting the Cost of Payroll Cards: Are they Worth it for Employers? Retailers, as well as other employers, have grown to rely on payroll cards to compensate employees who may not have bank accounts. What are the legal risks of…more

Americans with Disabilities Act (ADA), Criminal Background Checks, Cybersecurity, Disability, Employer Liability Issues

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Keya Denner

Protecting Off-Duty Cannabis Use in California: What Employers Should Know

As of January 1, 2024, California employers cannot make employment decisions based on an employee’s legal, off-duty cannabis use. They also cannot request information about a job applicant’s prior cannabis use. Constangy…more

Cannabis Products, Decriminalization of Marijuana, Drug Testing, Employee Rights, Employer Liability Issues

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Christopher Deubert

Massachusetts Enacts Pay Transparency Law

On July 31, Massachusetts Governor Maura Healey (D) signed into law a bill that is intended to increase wage transparency and close the gender-based wage gap in the Commonwealth. The law, which will take effect August 1, 2025,…more

EEO-1, Equal Employment Opportunity Commission (EEOC), Equal Pay, Job Applicants, Pay Equity Laws

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John Doyle

New Missouri Law Requires Leave For Victims Of Domestic Violence

Missouri employers with at least 20 employees must now provide unpaid leave and certain safety accommodations to victims of domestic or sexual violence under a new law, the Victims Economic Safety and Security Act, which took…more

Anti-Retaliation Provisions, Documentation, Domestic Violence, Employee Training, Family Members

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John Duke

The COVID-19 Pandemic May Spur Union Organizing And Complicate Union Relations: Part Two

The Coronavirus pandemic has shuttered much economic activity and forced employers to make business decisions in response to a rapidly shifting legal landscape. The deluge of federal, state, and local orders, regulations, and…more

Collective Bargaining, Collective Bargaining Agreements (CBA), Coronavirus/COVID-19, Union Organizers, Unions

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J. Tobias Dykes

Retailer - Fall 2016

NEWS & ANALYSIS - Don’t let a “crowd crush” ruin the holiday retail season for your brick-and-mortar employees - As more consumers move to shopping online, retailers expect to lose some in-person traffic at stores this…more

Black Friday, Employer Liability Issues, Holidays, OSHA, Retailers

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Thomas Eden, III

Transportation Employers Get A Break On Random Testing

The FMCSA will exercise "enforcement flexibility." The Federal Motor Carrier Safety Administration announced last week that it will be flexible when, due to COVID-19, transportation employers are unable to comply with the…more

Alcohol Testing, Coronavirus/COVID-19, Department of Transportation (DOT), Drug Testing, FMSCA

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Maria Efaplomatidis

#StopRansomware in its tracks

The national impact of ransomware is expanding. Following a dip in the recorded number of ransomware attacks for 2022, there have been multiple nationwide events with devastating effect in 2023. Given the damage across private…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Data Protection

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Andrew Eisenberg

The COVID-19 Pandemic May Spur Union Organizing And Complicate Union Relations: Part Two

The Coronavirus pandemic has shuttered much economic activity and forced employers to make business decisions in response to a rapidly shifting legal landscape. The deluge of federal, state, and local orders, regulations, and…more

Collective Bargaining, Collective Bargaining Agreements (CBA), Coronavirus/COVID-19, Union Organizers, Unions

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Nicole Espin

NJ Governor signs temp worker bill of rights

Yesterday New Jersey Governor Phil Murphy (D) signed into law the “Temporary Worker Bill of Rights.” This law provides new legal protections to the estimated 127,000 individuals employed by temporary staffing agencies in New…more

Employee Benefits, Equal Pay, Governor Murphy, New Jersey, Notice Requirements

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Brian E. Ewing

Have Employees In California? Be Sure You Know The New Rules On Personnel File Requests, Effective 1/1/13

California rings in the new year with a change in law for employers dealing with requests for personnel files from employees and former employees. Under current law, employers generally must give employees (and apparently former…more

Personnel Records

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Jeffrey Fields

CA Agency Guidance Addresses Employer-Mandated COVID Vaccinations

May an employer require its California employees to be vaccinated against COVID-19? According to recent guidance from the state Department of Fair Employment and Housing, the short answer is yes. On March 4, the DFEH issued…more

Americans with Disabilities Act (ADA), California, Coronavirus/COVID-19, DFEH, Documentation

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Colin Finnegan

By the Numbers – A Look at Union Activity in 2024 Thus Far

2024 continues to be a busy year for the National Labor Relations Board, unions, and management. Nearly six months into the year, we have sufficient data to analyze the impact NLRB decisions such as Cemex Construction Materials…more

Cemex, Labor Relations, NLRA, NLRB, Unfair Labor Practices

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Jordan Fischer

Push to restrict sharing of sensitive data heats up in the House

On March 20, the U.S. House of Representatives passed House Resolution 7520, the Protecting Americans’ Data from Foreign Adversaries Act of 2024, targeting companies that sell sensitive information to “foreign adversaries.” …more

Biometric Information, Data Brokers, Data Privacy, Data Protection, Executive Orders

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Sebastian Fischer

CISA issues proposed regs on cyber incident reporting

Yesterday, March 27, the U.S. Cybersecurity and Infrastructure Security Agency published the Notice of Proposed Rulemaking under the Cyber Incident Reporting for Critical Infrastructure Act of 2022. It is important to note that…more

Covered Entities, Critical Infrastructure Sectors, Cyber Attacks, Cyber Incident Reporting, Cybersecurity

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Jason Friedman

Fifth Circuit vacates DOL regs regarding tipped employees

On Friday, August 23, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit vacated a Final Rule issued by the U.S. Department of Labor that sought to restrict when employers could claim a “tip credit” under…more

Administrative Procedure Act, Arbitrary and Capricious, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Job Duties

See all updates »

Laura Funk

Amendments would beef up Canada’s proposed Digital Charter Implementation Act

Amendments have recently been proposed to two of the three statutes to be enacted under Canada’s Bill C-27: The Digital Charter Implementation Act. The statutes that may be amended are the Consumer Privacy Protection Act and the…more

Artificial Intelligence, California Privacy Protection Agency (CPPA), Canada, Consumer Protection Act, DATA Act

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J Evan Gibbs

What To Make Of The Wage And Hour Division's Voluntary Compliance Agreement With The Subway Franchise System

On July 26, the U.S. Department of Labor’s Wage and Hour Division entered into a “Voluntary Agreement” with the franchisor of the Subway brand, known as Doctor’s Associates, Inc., and its affiliates. The agreement reads…more

Corporate Counsel, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Franchisee, Joint Employers

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Lauren Godfrey

FTC amendments to Health Breach Notification Rule are now in effect

On April 24, the Federal Trade Commission announced that it had finalized changes to its Health Breach Notification Rule - to address emerging technologies. Specifically, the Rule was broadened to (1) apply to entities not…more

Breach Notification Rule, Data Breach, Electronic Medical Records, Emerging Technologies, Federal Trade Commission (FTC)

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Amir Goodarzi

FTC Non-Banking Financial Institutions Safeguards Rule

The Federal Trade Commission has approved an amendment to the Safeguards Rule under the Gramm-Leach-Bliley Act that creates a new data privacy regulatory reporting requirement for non-banking financial entities. Covered entities…more

Cybersecurity, Data Protection, Data Security, Federal Trade Commission (FTC), Financial Institutions

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LaLonnie Gray

Happy 45th Birthday, Title IX: You’ve Changed A Bit Over The Years

A law was born. On June 23, 1972, President Richard Nixon signed into law Title IX of the Education Amendments Act of 1972: “No person in the United States shall, on the basis of sex, be excluded from participation in, be…more

Department of Education, Educational Institutions, Equal Protection, Gender Identity, School Restrooms

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Taren Greenidge

Cyber Chronicles IV: Bias, discrimination, and AI for employers

It’s an understatement to say that companies are excited about Artificial Intelligence. AI has the potential to optimize productivity and improve efficiency in many areas of a business. The potential benefits are undeniable, but…more

Artificial Intelligence, Automated Decision Systems (ADS), Bias, Cybersecurity, Employer Liability Issues

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Matthew Gurnick

California Employment Roundup: Q1 2021

Independent contractors, meal periods, and PAGA. The first quarter of 2021 yielded some key rulings from the California appellate courts on independent contractor classification, meal-period rounding, and arbitration of…more

ABC Test, CA Supreme Court, Dynamex, Employer Liability Issues, Federal Arbitration Act

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W. Melvin Haas, III

It’s Official: Temps And Regular Employees Can Be Combined In One Bargaining Unit, NLRB Says

The National Labor Relations Board is again changing the rules for employers, but the outcome is not really a surprise. The NLRB ruled 3-1 in Miller & Anderson, Inc., that unions can combine in a single bargaining unit…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Joint Employers, NLRB, Staffing Agencies

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Billy Hammel

Who's The Boss? Limiting Your Liability For Employee Misconduct

Here are some ways to reduce your exposure if your employees get you sued. Whether harm arises from an accident with a company vehicle, an assault in a customer's home, or harassment of an employee by a co-worker, the victim…more

Employee Misconduct, Employer Liability Issues, Employment Litigation, Vicarious Liability

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Amanda Harper

“Idiopathic” Defense To Workers’ Comp Claims Is Still Viable In Georgia, Court Rules

The “idiopathic defense” to workers’ compensation claims is still a viable one, according to a recent decision from the Georgia Court of Appeals. “Idiopathic,” as defined by the Georgia Court of Appeals, means “injuries…more

Burden of Proof, Employer Liability Issues, Workers' Compensation Claim, Workplace Injury, Workplace Safety

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Deborah Hembree

IRS Issues Guidance On President Trump’s Payroll Tax Memorandum

On August 8, President Trump issued a memorandum directing the Secretary of the Treasury, Steven Mnuchin, to use his authority to defer certain payroll tax obligations in an effort to provide individuals with additional COVID-19…more

IRS, New Guidance, Payroll Taxes, Presidential Memorandum, Social Security Taxes

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Chasity Henry

FTC amendments to Health Breach Notification Rule are now in effect

On April 24, the Federal Trade Commission announced that it had finalized changes to its Health Breach Notification Rule - to address emerging technologies. Specifically, the Rule was broadened to (1) apply to entities not…more

Breach Notification Rule, Data Breach, Electronic Medical Records, Emerging Technologies, Federal Trade Commission (FTC)

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Julie Hess

No Child’s Play: States expand child protection online (Part II)

Last week, we discussed action taken by three states, Texas, California, and Ohio, to enhance protection of children’s data online. In this second installment, we shift our attention to address the 2023 legislative efforts of…more

Data Privacy, Data Protection, Data Security, Online Platforms, Online Privacy Protection Act

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Carolyn Ho

Countdown to 3 new data privacy laws: Texas, Oregon, Florida

The past couple of years have seen a number of states enact comprehensive privacy laws. Thus far, California, Colorado, Connecticut, Utah, and Virginia have enacted state privacy laws. In July, we will see three new privacy laws…more

Consumer Privacy Rights, Data Privacy, Florida, Gramm-Leach-Blilely Act, Health Insurance Portability and Accountability Act (HIPAA)

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Sean Hoar

Top ten cybersecurity tips for organizations during the holiday season

‘Tis the season for the hustle and bustle of year-end holiday activities. With that comes the increased risk of cybercriminals exploiting the season to find vulnerabilities. This includes taking advantage of increased online…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Data Security

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Christine Hogan

New York now requires paid lactation breaks

As of June 19, employees working in New York are entitled to 30 minutes of paid break time (plus additional unpaid break time, as needed) to express breast milk. The New York legislature has been increasing protections for…more

Lactation Accommodation, New York, Paid Time Off (PTO), Pregnancy, State Labor Laws

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Aarika Johnson

The FTC noncompete ban is dead. Here are five steps employers should take now.

You no doubt have heard that on August 20, a federal judge in the Northern District of Texas set aside the Rule issued by the Federal Trade Commission that sought to ban virtually all noncompetition agreements as unfair methods…more

Arbitrary and Capricious, Confidentiality Agreements, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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Jackie Johnson

The FTC noncompete ban is dead. Here are five steps employers should take now.

You no doubt have heard that on August 20, a federal judge in the Northern District of Texas set aside the Rule issued by the Federal Trade Commission that sought to ban virtually all noncompetition agreements as unfair methods…more

Arbitrary and Capricious, Confidentiality Agreements, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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Nathan Johnson

Reminder: Fair Credit Reporting Act Compliance and Reporting Changes Effective January 1, 2013

The federal Fair Credit Reporting Act was enacted in 1971 to regulate the consumer credit reporting industry. Employers that use and request consumer background checks from consumer reporting agencies are automatically subject…more

Background Checks, Credit Reports, Criminal Background Checks, Fair Credit Reporting Act (FCRA), Notice Requirements

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Elizabeth Joiner

Timing Is Everything: USCIS Revises Form I-9 To Clarify When Section 1 Should Be Completed

As you may recall, the U.S. Citizenship and Immigration Services recently modernized the Form I-9, Employment Eligibility Verification, to offer both a “paper” and an “electronic” version. Last week, the USCIS released yet…more

Employer Liability Issues, Employment Authorization Documents (EAD), Form I-9, Hiring & Firing, USCIS

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Naveen Kabir

Sometimes You Can Eat Your Cake And Have It, Too.

In an opinion issued on March 12, 2020, the California Supreme Court held that settling individual Labor Code claims does not strip an employee of standing to pursue civil penalties for the same violations under the Private…more

CA Supreme Court, Employment Litigation, Private Attorneys General Act (PAGA), Standing, Unpaid Wages

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Steven Katz

PAGA plaintiffs still have standing to pursue “representative” claims in court, even after individual claims are sent to arbitration

One month after the U.S. Supreme Court rejected California’s ban on enforcing agreements that require the individual arbitration of claims under the Private Attorneys General Act of 2004, the California Supreme Court granted…more

Arbitration Agreements, CA Supreme Court, Class Action, Class Representatives, Employer Liability Issues

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Ellen Kearns

DOL has authority to include salary threshold when determining exempt status, appeals court says

During 2024 we have reported on several high-profile cases that have challenged wage-related regulations issued by the U.S. Department of Labor – including tips, independent contractors, and the white-collar exemptions to the…more

Administrative Procedure Act, Biden Administration, Department of Labor (DOL), EAP, Exempt-Employees

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Julie Keersmaekers

The Colorado Privacy Act takes effect July 1. Here’s how to get ready.

It’s only April, but 2023 has already been a big year for new and evolving data privacy legislation. In January, the California Privacy Rights Act took effect, expanding and clarifying the rights and obligations within the…more

California Privacy Rights Act (CPRA), Colorado, Data Privacy, Opt-Outs, State Privacy Laws

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Barbara Kihumba

New USCIS Filing Fees May Become Effective October 2

The U.S. Citizenship and Immigration Services is poised to implement new filing fees on October 2, under regulations published in the Federal Register on August 3. However, two lawsuits were filed in federal court about a month…more

Department of Homeland Security (DHS), Filing Fees, Form I-129, Green Cards, H-1B

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Cory King

Appeals court shuts down CA’s efforts to ban mandatory arbitration for employees

The California legislature has expressed a steady animus toward arbitration agreements, particularly in the employment context. On multiple occasions, the legislature has passed laws restricting the use of arbitration…more

Appellate Courts, Arbitration Agreements, California, Federal Arbitration Act, Mandatory Arbitration

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F. Damon Kitchen

Florida Governor Signs Anti-Mandate Legislation

Last Thursday, Gov. Ron DeSantis (R) signed sweeping legislation designed to protect private and public sector employees from losing their jobs due to COVID-19 vaccination mandates, as well as to protect the rights of parents,…more

Americans with Disabilities Act (ADA), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Executive Orders, Federal Contractors

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Maureen Knight

Court blocks new FLSA salary thresholds... but only for State of Texas employees

There was good news and bad news on Friday from one of the lawsuits challenging the U.S. Department of Labor’s regulation increasing the salary threshold for the so-called white-collar exemptions to the overtime requirements of…more

Chevron Deference, Department of Labor (DOL), EAP, Exempt-Employees, Fair Labor Standards Act (FLSA)

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David Korsen

Want to prevent your employees in Georgia from raiding your workforce? Make sure you have a geographic limitation.

Many employers require employees to sign restrictive covenants prohibiting them from engaging in certain activities after their employment ends. These prohibitions frequently include - opening or working for a competing…more

Appellate Courts, Blue Pencil Contract Modification, Business Court, Fair Notice, Geographic Markets

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Dean Kpere-Daibo

Navigating the Future of Intercollegiate Athletics: Implications of the Dartmouth College Student-Athlete Labor Decision

In a groundbreaking decision on February 5, the Regional Director for Region 01 of the National Labor Relations Board ruled that the men’s basketball student-athletes for Dartmouth College are to be considered employees under…more

College Athletes, Colleges, NLRB, Student Athletes, Unions

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Willard Krasnow

Does federal immigration law preempt state pay transparency laws? (UPDATED 8/14/24)

Massachusetts has recently enacted its own pay transparency statute. These statutes vary from state to state, but they generally require that employers disclose the actual salary or salary range that the applicant or internal…more

American Immigration Lawyers Association (AILA), Equal Pay, Foreign Workers, Green Cards, Immigration Procedures

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David Kurtz

End-of-summer road travel through state noncompete laws—It’s trippy!

In 2014, a Jimmy John’s employee leaked a copy of a noncompete agreement that the Sandwich of Sandwiches™ chain required employees at all levels (including store-level employees, such as sandwich makers and delivery drivers) to…more

Employment Contract, Low-Wage Workers, Non-Compete Agreements, Non-Solicitation Agreements, Notice Requirements

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Christin Lawler

Avoiding Class And Collective Actions In The COVID-19 Era

On March 16, the City and County of San Francisco issued the nation’s first “shelter in place” order to mitigate the spread of the unrelenting novel coronavirus. Although this drastic move was needed to deal with the negative…more

CARES Act, Collective Bargaining, Coronavirus/COVID-19, OWBPA, WARN Act

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Lara de Leon

California employers, it’s not too late to get on track for 2023

It’s never dull moment in California. If you have gone astray with tackling your list of 2023 priorities, we will help you get back on track. Below are some key (but certainly not all!) compliance areas that employers with…more

Arbitration Agreements, California, California Consumer Privacy Act (CCPA), Pay Transparency, Private Attorneys General Act (PAGA)

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Kelsey Link

Regular Rate Must Be Paid For Missed Meal-Rest Periods, CA Supreme Court Says

Not the best news for employers. The California Supreme Court has issued a decision changing the way employers must compensate employees for missed meal and rest breaks under state law. In Ferra v. Loews Hollywood Hotel,…more

Bonuses, CA Supreme Court, Compensation, Employer Liability Issues, Rate of Pay

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W. R. Loftis, Jr.

Labor and Employment Law in a Trump Administration

How will employers fare under a Trump Administration? We’ve asked for comment from the thought leaders and heads of the practice areas that are likely to be affected the most. Affirmative Action/OFCCP Compliance Will…more

EEO-1, Fair Pay and Safe Workplaces, Federal Contractors, LGBTQ, OFCCP

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Sabrina Punia-Ly

California raises minimum wage for health care workers in 2024

With the goal of creating a more “stable workforce” and addressing the “shortage of health care workers” in California, Gov. Gavin Newsom (D) has signed into law legislation that will increase the minimum wage for certain health…more

California, Employees, Healthcare Facilities, Healthcare Workers, Minimum Wage

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Angelique Groza Lyons

Florida Governor Signs Anti-Mandate Legislation

Last Thursday, Gov. Ron DeSantis (R) signed sweeping legislation designed to protect private and public sector employees from losing their jobs due to COVID-19 vaccination mandates, as well as to protect the rights of parents,…more

Americans with Disabilities Act (ADA), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Executive Orders, Federal Contractors

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John MacDonald

NYS ban on employer social media inquiries takes effect

New York employers, are you thinking of asking applicants or employees to divulge their personal social media information? Think again. Last September, Gov. Kathy Hochul (D) signed legislation that prohibits all employers in the…more

Electronic Communications, Job Applicants, Labor-Managment Relations Act, New York, Passwords

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Joanna MacMillan

Decoding Discrimination Laws: What Employers Need to Know

Join Constangy attorneys Joyce Dos Santos and Joanna MacMillan for an insightful webinar as we delve into the complex landscape of workplace discrimination laws and provide essential guidance for employers. In today's diverse…more

Diversity, Diversity and Inclusion Standards (D&I), Employer Liability Issues, Employment Discrimination, Employment Policies

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Donna Maddux

FTC Non-Banking Financial Institutions Safeguards Rule

The Federal Trade Commission has approved an amendment to the Safeguards Rule under the Gramm-Leach-Bliley Act that creates a new data privacy regulatory reporting requirement for non-banking financial entities. Covered entities…more

Cybersecurity, Data Protection, Data Security, Federal Trade Commission (FTC), Financial Institutions

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Arcelia Magaña

LA County Fair Chance Ordinance takes effect today. Here's what you need to know.

Big changes are in store. In an effort to further promote fair hiring practices, Los Angeles County adopted a new Fair Chance Ordinance for the unincorporated areas of the County. This ordinance, which takes effect today,…more

City of Los Angeles, Criminal Background Checks, Criminal Convictions, Fair Chance Act, Job Applicants

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M. Brian Magargle

The EEOC And Wellness Programs: The Other Shoe Drops! (But It's Not That Bad)

Recently, the Equal Employment Opportunity Commission issued a proposed rule on employer wellness programs and the Genetic Information Nondiscrimination Act. The GINA proposal accompanies a proposed rule on employer wellness…more

Affordable Care Act, Americans with Disabilities Act (ADA), Equal Employment Opportunity Commission (EEOC), GINA, Health Insurance Portability and Accountability Act (HIPAA)

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Michael Malfitano

Guidance for employers on the Zika virus

Within the past few days, the Centers for Disease Control and Prevention have confirmed the transmission of the Zika virus by mosquitoes to individuals in Miami-Dade and Broward counties in Florida. Before this confirmation, the…more

Americans with Disabilities Act (ADA), Business Travel, Centers for Disease Control and Prevention (CDC), OSHA, Popular

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Christopher Malpartida

Can GIPA be the new BIPA?

There’s a new wave of class action lawsuits hitting Illinois employers, based on a law that has been under the radar for more than 25 years: The Genetic Information Privacy Act, also known as GIPA. Passed in 1998, GIPA prohibits…more

Biometric Information, Biometric Information Privacy Act, Coronavirus/COVID-19, Data Privacy, Genetic Materials

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Rayner Mangum

Colorado’s New Equal Pay Law Will Take Effect January 1. Are You Ready?

The Colorado Equal Pay for Equal Work Act, and the Equal Pay Transparency Rules issued by the state Department of Labor and Employment, will both take effect on January 1. Equal pay provisions- The Equal Pay for Equal Work…more

Colorado, Department of Labor (DOL), Employer Liability Issues, Equal Pay, Job Promotions

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Cristina Di Maria

Proposed regs on California Privacy Protection advance to next stage

Proposed regulations have been submitted for review. On February 3, the Board of the California Privacy Protection Agency held its latest public meeting, focused on the anticipated regulations interpreting the California…more

California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Proposed Regulation, State Privacy Laws

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W. Jonathan Martin, II

FMCSA Clearinghouse Is Open: Are You Ready?

The Federal Motor Carrier Safety Administration drug and alcohol Clearinghouse opened for registration on Saturday, and the database will go live on January 6. According to the FMCSA, “The Clearinghouse is a secure online…more

Commercial Truck Drivers, FMCSA, Motor Carriers, Substance Abuse

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Chad Edward McDaniel

More Details On Massachusetts Paid Family And Medical Leave Law Implementation

On June 14, the Massachusetts Department of Family and Medical Leave issued more details regarding the delay in the start of employer and employee contributions to the Paid Family and Medical Leave program. As we reported…more

Employer Liability Issues, Medical Leave, Paid Family Leave Law, Paid Leave, State Labor Laws

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Tyler McDonald

Overview Of OFCCP’s New Technical Assistance Guide For Construction Contractors

Here’s the deeper dive. The Office of Federal Contract Compliance Programs recently published its Technical Assistance Guide for construction contractors. According to the OFCCP, the 148-page Guide acts “to serve as a…more

Affirmative Action, Best Practices, Federal Contractors, OFCCP, Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)

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Darrick McDuffie

Want to prevent your employees in Georgia from raiding your workforce? Make sure you have a geographic limitation.

Many employers require employees to sign restrictive covenants prohibiting them from engaging in certain activities after their employment ends. These prohibitions frequently include - opening or working for a competing…more

Appellate Courts, Blue Pencil Contract Modification, Business Court, Fair Notice, Geographic Markets

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Tony McGrath

Proposed Overtime Rule Would More Than Double Salary Threshold For Exempt Employees, With Automatic Yearly Increases

On June 30, the Wage and Hour Division of the U.S. Department of Labor released its long-awaited Notice of Proposed Rulemaking, proposing changes to the executive, administrative, professional, and highly-compensated employee…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Multi-Factor Test, Proposed Regulation

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Bill McMahon

Part 2: Cybersecurity and the Role of Management

Cybersecurity has long been viewed as a “tech” issue that only concerns a company’s IT department. Not anymore! In this episode, Ron Sarian, Chair of Constangy's Digital Workplace & Data Privacy Practice Group, shares his unique…more

Cyber Attacks, Cyber Threats, Cybersecurity, Data Breach, Human Resources Professionals

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David McMillan

As social engineering email attacks increase in sophistication, employee training and awareness rise to the forefront

The Nigerian prince seems almost quaint. Gone are the days when the Nigerian prince was the only nefarious figure menacing our inboxes. A simple yet elegant scheme – our supposed prince unexpectedly fell upon a large sum of…more

Cybersecurity, Email, Employee Training, Phishing Scams, Policies and Procedures

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Marcia McShane

Treating COVID-19 As A Workers’ Comp Illness May Open A Can Of Worms

Employers and insurance carriers have already begun to see workers’ compensation claims as a result of COVID-19 illnesses, and aren’t always sure how to respond. Should the claim be accepted as a compensable “occupational…more

Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, Workers' Compensation Claim, Workplace Safety

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Natalie Torbati Meinhardt

New Law Gives Recall Priority To Workers Laid Off Because Of COVID

SB 93 applies to employers in the hospitality, event, airport and other service industries. When the COVID-19 pandemic hit, it hit hard. Economic activity in California nearly came to a halt, and many employers had no…more

Airports, Anti-Retaliation Provisions, Business Interruption, Coronavirus/COVID-19, DLSE

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Lisa Yumi Mitchell

Delay didn't defeat employer's right to arbitrate, CA appeals court says

A pleasant surprise for employers. A California appeals court ruled last week that an employer did not waive its right to arbitration -- despite the fact that the parties had been in litigation for more than 13 months…more

Arbitration, Arbitration Agreements, Burden of Proof, Discovery, Ex Parte

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Laura Moisin

What Boston Mayor Marty Walsh May Bring To The Table As Secretary Of Labor

On January 7, President-elect Joe Biden, a self-described “union man,” announced that he had nominated Boston Mayor Marty Walsh (D), a former union leader, to serve as the nation’s next Secretary of Labor. If confirmed, Mayor…more

Biden Administration, Coronavirus/COVID-19, Secretary of Labor, Unions, Wage and Hour

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Steve Moore

Avoiding Class And Collective Actions In The COVID-19 Era

On March 16, the City and County of San Francisco issued the nation’s first “shelter in place” order to mitigate the spread of the unrelenting novel coronavirus. Although this drastic move was needed to deal with the negative…more

CARES Act, Collective Bargaining, Coronavirus/COVID-19, OWBPA, WARN Act

See all updates »

Gregg Moran

A “Vaccine” For COVID-19 ERISA Litigation

ERISA litigation tends to spike when economic uncertainty or turmoil rises. Although many things contribute to this historically verifiable trend, it is easiest for employers to think about just two of them. First, an…more

401k, Capital Investments, Coronavirus/COVID-19, Corporate Counsel, Department of Labor (DOL)

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Joseph Murray, Jr.

Trojan Horse In The 2015 Budget Agreement: OSHA Can (And Undoubtedly Will) Raise Penalties By 82 Percent

Wow! How did this happen? Buried in the fine print of the recent budget agreement between Congress and the White House, and seemingly slipped in at the last minute with no one claiming responsibility for the change, the…more

Employer Liability Issues, Enforcement, OSHA, Penalties, Statutory Penalties

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Regina Musolino

PAGA reform is coming – employers, prepare now!

In a major development for employers who do business there, California has passed legislation to reform its Private Attorneys General Act as part of a deal that will lead to the withdrawal of a November 2024 ballot initiative…more

California, Employer Liability Issues, Employment Litigation, Governor Newsom, Labor Reform

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Clifford Nelson, Jr.

Labor and Employment Law in a Trump Administration

How will employers fare under a Trump Administration? We’ve asked for comment from the thought leaders and heads of the practice areas that are likely to be affected the most. Affirmative Action/OFCCP Compliance Will…more

EEO-1, Fair Pay and Safe Workplaces, Federal Contractors, LGBTQ, OFCCP

See all updates »

Emily Nelson

Massachusetts Beefs Up Its Pay Equity Law

Yesterday Massachusetts Gov. Charlie Baker (R) signed into law amendments to the Massachusetts Equal Pay Act, M.G.L. c. 149, s. 105A, which were passed by unanimous votes in the state House and Senate. Although Massachusetts has…more

Equal Pay, Equal Pay Act, Gender-Based Pay Discrimination, NLRA, Wage and Hour

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Graham Newsome

IRS Issues Guidance On President Trump’s Payroll Tax Memorandum

On August 8, President Trump issued a memorandum directing the Secretary of the Treasury, Steven Mnuchin, to use his authority to defer certain payroll tax obligations in an effort to provide individuals with additional COVID-19…more

IRS, New Guidance, Payroll Taxes, Presidential Memorandum, Social Security Taxes

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Brooke Nixon

Compliance Unveiled: 10 Must-Know Tips for the Pregnant Workers Fairness Act & Independent Contractor Rules

Unlock the secrets to seamless compliance in our exclusive webinar, where we dissect the intricate details of the Pregnant Workers Fairness Act (PWFA) and the Independent Contractor Rules. With significant regulatory changes…more

Employer Liability Issues, Independent Contractors, Pregnancy, Pregnant Workers Fairness Act, Reasonable Accommodation

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Amanda Novak

Minnesota passes the Consumer Data Privacy Act

Minnesota has become the 18th state to enact a comprehensive consumer privacy law. On May 24, Gov. Tim Walz (D) signed the Minnesota Consumer Data Privacy Act into law to provide privacy rights to Minnesotans and to impose new…more

Consumer Privacy Rights, Data Privacy, Data Protection, Data Protection Impact Assessments (DPIAs), Enforcement

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Ashley Orler

Navigating the Digital Frontier: Employee Privacy Rights and Legal Obligations in the Modern Workplace

Join Constangy partners Ashley Orler and Sarah Rugnetta for an insightful webinar exploring the intricate landscape of employee privacy rights amidst new data privacy laws and the digital evolution of the workplace. In an era…more

Cybersecurity, Data Collection, Data Privacy, Data Protection, Data Security

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Robert Ortbals Jr.

Employment-Related COVID-19 Litigation Has Begun

The self-proclaimed first wrongful death lawsuit concerning an employee dying from complications of COVID-19 contracted while working has been filed. On April 6, 2020, the estate of Wando Evans filed suit in Illinois state court…more

Coronavirus/COVID-19, Employer Liability Issues, Wal-Mart, Workplace Safety, Wrongful Death

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Christopher M. Pardo

Massachusetts “Grand Bargain” Is Not So “Grand” For Employers

On June 28, 2018, Massachusetts Governor Charlie Baker signed into law An Act relative to minimum wage, paid family medical leave and the sales tax holiday, compromise legislation also known as the “Grand Bargain.” The new law…more

Governor Baker, Holiday Pay, Minimum Wage, Paid Leave, Sales Tax

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Alyssa Pearce

CCPA/CPRA enforcement delay overturned

In an opinion filed on Friday, California’s Third District Court of Appeal reversed a lower court ruling that postponed until the end of March the enforcement of regulations promulgated pursuant to the California Privacy Rights…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Compliance, Consumer Privacy Rights, Data Privacy

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Jonathan Persky

Judge temporarily blocks FTC noncompete ban on limited basis

A federal judge in Texas has issued a preliminary injunction against a Final Rule issued by the Federal Trade Commission that would ban virtually all noncompetition agreements between employers and employees. The judge said…more

Chamber of Commerce, Employment Contract, Federal Bans, Federal Trade Commission (FTC), Irreparable Harm

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Alyssa Peters

Does DOJ Action On “Race-Conscious” College Admissions Mean Anything For Federal Contractors?

Since the beginning of the Trump Administration, business owners, employers, and employees alike have been waiting to see what the effects on social policy will be. Of particular interest to employers, and especially federal…more

Affirmative Action, Colleges, Department of Justice (DOJ), Federal Contractors, Harvard University

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Sarah Phaff

GA update: Voting leave, no sunset on Kin Care

Georgia’s voting leave law changed effective July 1. First, the Georgia statute was amended to add “advance in-person voting” (early voting) to the types of voting for which employers must allow unpaid time off…more

Caregivers, Family and Medical Leave Act (FMLA), Georgia, Primary Elections, Sick Leave

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Jeanette Phelan

USCIS Has Resumed Premium Processing For All H-1B Petitions

The U.S. Citizenship and Immigration Services has resumed premium processing for all H-1B petitions as of yesterday, October 3. Premium processing is a service offered by the USCIS in which certain types of petitions will be…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigration Procedures, USCIS

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David Phippen

Federal court rules that new NLRB joint employer regulations are unlawful

On March 8, a federal judge in Texas ruled that the National Labor Relations Board’s new joint employer regulations, which were to take effect yesterday, are invalid as inconsistent with the National Labor Relations Act. Under…more

Chamber of Commerce, Final Judgment, Joint Employers, NLRA, NLRB

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Rebecca Pollack

No Child’s Play: States expand child protection online (Part II)

Last week, we discussed action taken by three states, Texas, California, and Ohio, to enhance protection of children’s data online. In this second installment, we shift our attention to address the 2023 legislative efforts of…more

Data Privacy, Data Protection, Data Security, Online Platforms, Online Privacy Protection Act

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Ray Poole

Pros and cons of “resign to run” laws for elected officials

During this election season, we thought it would be timely to bring up what are commonly referred to as “resign to run” laws. So-called “resign to run” laws require that before an elected official may run for a different…more

Public Employees, Public Officials, Resignation

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William Principe

OSHA wants you to protect your employees from the heat

The Occupational Safety and Health Administration has recently issued a Notice of Proposed Rulemaking, addressing “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.” This proposed standard would apply to…more

Employee Training, Health and Safety, Heat Exposure, NPRM, OSHA

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Donald Prophete

EEOC Follows Through: Comp Data Will Be Required In EEO-1 Reports

The Equal Employment Opportunity Commission announced yesterday that it will require employers with 100 or more employees to include compensation data in their annual EEO-1 reports. Employers will be required to provide this…more

EEO-1, Equal Employment Opportunity Commission (EEOC), Federal Contractors, FOIA, OFCCP

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Eric Proser

Supreme Court Of Georgia Revises “Rest Break Exception” To Workers’ Comp: But How Farr Did Frett Go?

In its June 16 decision in Frett v. State Farm Employee Workers’ Compensation, the Supreme Court of Georgia overruled an 85-year-old decision which held that workplace injuries incurred during “scheduled rest breaks” were not…more

Appeals, GA Supreme Court, Ingress/Egress, Off-Duty Employees, Workers' Compensation Claim

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Allison Prout

Maryland Online Data Privacy Act is broader, stricter, and more easily triggered than many state privacy laws

On April 6, the Maryland legislature passed the Maryland Online Data Privacy Act of 2024, sending the bill to the state’s governor for signing. The bill comes on the heels of the Kentucky Consumer Data Protection Act, which was…more

Corporate Counsel, Data Collection, Data Privacy, Data Sellers, Maryland

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Angela Rapko

Massachusetts Expands Protections To Transgender Individuals

As of October 1, “places of public accommodation” in Massachusetts will be prohibited from discriminating based on gender identity. That is, persons accessing a “place of public accommodation” must be permitted to use…more

Civil Rights Act, Equal Employment Opportunity Commission (EEOC), Gender Identity, Title VII, Transgender

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Katie Rhoten

Illinois Enacts Measures To Address COVID-19

At least nine people have died from COVID-19 in Illinois, and the Department of Public Health reported 1,049 confirmed cases as of March 22, 2020. (Only 105 cases had been identified just one week ago.) To combat the spread of…more

Business Closures, Coronavirus/COVID-19, Infectious Diseases, Operators of Essential Services, Public Health

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Mallory Schneider Ricci

Welcome To The Digital Workplace! Tips For Employers Navigating Teleworking

As the coronavirus continues to upend businesses, many employers are scrambling to figure out the logistics of the digital workplace and navigate the legal issues that can arise when employees work from home. For employers that…more

Coronavirus/COVID-19, Cybersecurity, Data Security, Over-Time, Remote Working

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Sumithra Rao Roberts

Bipartisan CA Paycheck Fairness Bill Aims to Enhance Pay Equality and End Salary Secrecy

Wait. Doesn’t California already have an equal pay law? Well, yes. In fact, California has prohibited wage discrimination on the basis of sex since 1949, long before pay discrimination was prohibited by federal law. However, as…more

Best Management Practices, Employer Liability Issues, Enforcement Authority, Equal Pay, Equal Pay Act

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Dannah Rodriguez

Happy Holidays To Employers From The NLRB: General Counsel Memorandum Signals Major Changes In The Agency

As many employers are all too aware, over the past several years, the National Labor Relations Board (NLRB) has pursued an aggressive agenda, through case decisions and agency rulemaking, to make it easier for labor unions to…more

Joint Employers, Misclassification, NLRB, NLRB General Counsel, Protected Concerted Activity

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Punam Singh Rogers

Reflections on DEI from an Oscar Party Host

The New England winter brings its usual charm in our neck of the wood, but for me, the excitement lies elsewhere - catching up on Oscar-nominated films before the big night. As the Oscar season approaches, I eagerly anticipate…more

Diversity and Inclusion Standards (D&I), Entertainment Industry, Movies

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Jeffrey M. Rosin

Franchisor Not Liable For Franchisee’s Tip Policy That Allegedly Violated Massachusetts Law

The Massachusetts Superior Court has recently issued a favorable opinion to franchisors under the Massachusetts Tips Act. In Yarpah v. Bowden Hospitality Newton, LLC d/b/a Crowne Plaza Hotel, Justice Kenneth W. Salinger held…more

Franchisee, Franchisors, Tipped Employees, Wage and Hour

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Anna Rothschild

The Defend Trade Secrets Act of 2016: A New Federal Claim for Misappropriation

What is Coca-Cola’s secret recipe? How does Thomas’ English Muffins get all those “Nooks & Crannies”® in its muffins? And how does Krispy Kreme make its signature lighter-than-air doughnuts? These are the type of trade secrets…more

Asset Seizure, Confidentiality Agreements, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Ex Parte

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Todd Rowe

After 16 years, BIPA is amended to limit potential damages for violations

Laura Balson in our Chicago office recently discussed an amendment to the Illinois Biometric Information Privacy Act. At that time, the Illinois House and Senate had passed an amendment to Illinois Biometric Information Privacy…more

Biometric Information, Biometric Information Privacy Act, Damages, Data Collection, E-Signatures

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Sarah Rugnetta

Countdown to 3 new data privacy laws: Texas, Oregon, Florida

The past couple of years have seen a number of states enact comprehensive privacy laws. Thus far, California, Colorado, Connecticut, Utah, and Virginia have enacted state privacy laws. In July, we will see three new privacy laws…more

Consumer Privacy Rights, Data Privacy, Florida, Gramm-Leach-Blilely Act, Health Insurance Portability and Accountability Act (HIPAA)

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Rachael Rustmann

Employer “waived” bye-bye to arbitration after litigating for 7 months

A federal appeals court recently refused to let a mortgage broker send its former employee’s disability discrimination lawsuit to arbitration, stating the company waived its right to arbitration when it actively participated in…more

Abandonment, Appellate Courts, Arbitration, Disability Discrimination, Federal Arbitration Act

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Aaron Rutschman

LA Tries To close Gap Left By Families First

Large employers will have to provide COVID-19 leave. On March 27, the Los Angeles City Council passed a paid sick leave ordinance to require that large employers provide additional paid sick leave for reasons related to the…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Paid Leave, Sick Leave, Wage and Hour

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Paul Ryan

Recent Audit Reveals The DOL's Distribution Initiative

We recently witnessed the DOL's 401K audit priorities first hand. In auditing 401K plans, the U.S. Department of Labor previously focused on determining how quickly employers could deposit employee deferral contributions…more

401k, Audits, Department of Labor (DOL), Employee Benefits, Individual Retirement Account (IRA)

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Cody Lee Saal

Back to School: 3 Essential Employee Trainings

Back to school season isn't just for the kids! Employee and management trainings are an essential tool for keeping your workplace running smoothly and compliant with employment, cybersecurity, and data privacy laws. In this…more

Cybersecurity, Data Privacy, Diversity and Inclusion Standards (D&I), Employee Training, Employer Liability Issues

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Melissa Sachs

Utah amends data breach reporting requirements

The State of Utah recently amended its general data breach notification statute to update the content that must be reported to the Utah Attorney General or the Utah Cyber Center. The amendments also clarify when notifications…more

Amended Legislation, Cybersecurity, Data Breach, Data Protection, Data Security

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Bayan Salehi

Arbitration Compelled, Despite Ambiguous Agreement

And in California, yet! Finally, some good news for employers on the arbitration front. In a recent decision, a California appeals court decision sent a case to binding arbitration, despite clear ambiguities in the…more

Arbitration Agreements, California, Class Action, Federal Arbitration Act, Rest and Meal Break

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Piyumi Samaratunga

Demystifying Immigration Law

Immigration Law has a reputation for being something only multinational companies are concerned with, but is that true? How can companies use immigration law to identify the best talent for their organizations? Join host Bill…more

Employment Authorization Documents (EAD), Foreign Nationals, Foreign Workers, Green Cards, Hiring & Firing

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Joyce Dos Santos

Three PTO Policy Tips to Give Employers a Breezier Summer

We’re already halfway through the summer, and employees who haven’t done so are closing their laptops and heading to the shore to soak up some well-deserved vacation sun. Paid Time Off can be a fantastic tool for employee…more

Employee Benefits, Employees, Employer Responsibilities, Employment Policies, Paid Leave

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Ronald Sarian

New CPRA employee rights take effect January 1. Are you ready?

The California Privacy Rights Act will go into full effect on January 1. The CPRA is commonly referred to as a “new” act, but is actually an add-on/modification to the California Consumer Privacy Act of 2018, which has been in…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Employee Privacy Rights, Exempt-Employees, General Data Protection Regulation (GDPR)

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Allen Sattler

Video Privacy Protection Act claims are on the rise

Plaintiffs are becoming increasingly creative in their attempts to seek relief involving alleged privacy violations resulting from their online activity. This includes raising allegations of violations of the Video Privacy…more

Cookies, Data Privacy, Data-Sharing, Facebook, Mobile Apps

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Matthew Scholl

PAGA plaintiffs still have standing to pursue “representative” claims in court, even after individual claims are sent to arbitration

One month after the U.S. Supreme Court rejected California’s ban on enforcing agreements that require the individual arbitration of claims under the Private Attorneys General Act of 2004, the California Supreme Court granted…more

Arbitration Agreements, CA Supreme Court, Class Action, Class Representatives, Employer Liability Issues

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Robert Seiger

H-1B Visa - 2016 Filing Season

Starting April 1, 2016, the U.S. Citizenship and Immigration Services will begin accepting H-1B visa petition filings – subject to the annual cap – for the next fiscal year, which begins October 1, 2016…more

Conrad 30 Waiver, Employment Authorization Documents (EAD), Foreign Workers, H-1B, USCIS

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Sarah Sepasi

NLRB ruling is a win for the gig economy

The National Labor Relations Board has recently reaffirmed "entrepreneurial opportunity" as an important factor in weighing independent contractor status. The case, SuperShuttle DFW, Inc., involved shuttle-van drivers who were…more

Gig Economy, Independent Contractors, NLRA, NLRB, Wage and Hour

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Kimberly Seten

New Missouri Law Requires Leave For Victims Of Domestic Violence

Missouri employers with at least 20 employees must now provide unpaid leave and certain safety accommodations to victims of domestic or sexual violence under a new law, the Victims Economic Safety and Security Act, which took…more

Anti-Retaliation Provisions, Documentation, Domestic Violence, Employee Training, Family Members

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Robin Shea

FMLA abuse: 5 things this employer did right

How'd that happen? An employer who terminated an employee after he took intermittent FMLA leave for diabetes won its case, and recently won again on appeal. According to both courts, the employee appeared to be trying to play…more

Clearance, Commercial Driving Licenses, Corporate Counsel, Employee Rights, Employer Liability Issues

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Renee Sheyko

Colorado Employers Ordered To Reduce In-Person Workforce By Fifty Percent

In response to the growing number of COVID-19 cases, Colorado Governor Jared Polis issued an executive order requiring all non-critical employers to reduce their in-person workforce by 50 percent. The order goes into effect on…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Operators of Essential Services, Quarantine

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Frank Shuster

Don’t let a bad employee’s protected activity lead you into the twilight zone.

You are about to enter another dimension. A journey into the world of discrimination and retaliation. Consider, if you will, the case of an employee who suspects that he or she is about to be fired or demoted for misconduct or…more

Adverse Employment Action, Demotions, Employer Liability Issues, Employment Discrimination, Family and Medical Leave Act (FMLA)

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Carolyn Sieve

Protecting Off-Duty Cannabis Use in California: What Employers Should Know

As of January 1, 2024, California employers cannot make employment decisions based on an employee’s legal, off-duty cannabis use. They also cannot request information about a job applicant’s prior cannabis use. Constangy…more

Cannabis Products, Decriminalization of Marijuana, Drug Testing, Employee Rights, Employer Liability Issues

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Cherie Silberman

Reasonable minds can differ

What the best progressive discipline plan? Is unlimited PTO a good or a bad idea? What should your handbook cover? Is teleworking great or grim? What’s the best legal TV show of all time? Join us as we talk through scenarios…more

Best Practices, Corrective Actions, Employee Handbooks, Employer Liability Issues, Employment Policies

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Salvador Simao

NJ Governor signs temp worker bill of rights

Yesterday New Jersey Governor Phil Murphy (D) signed into law the “Temporary Worker Bill of Rights.” This law provides new legal protections to the estimated 127,000 individuals employed by temporary staffing agencies in New…more

Employee Benefits, Equal Pay, Governor Murphy, New Jersey, Notice Requirements

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Stephen Simko Jr.

OSHA wants you to protect your employees from the heat

The Occupational Safety and Health Administration has recently issued a Notice of Proposed Rulemaking, addressing “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.” This proposed standard would apply to…more

Employee Training, Health and Safety, Heat Exposure, NPRM, OSHA

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Daniel Simonds

City Of San Francisco Rolls Out Its Own Paid Sick Leave Program

Here are the specifics. Previously, we gave you a sneak peek at the City of San Francisco’s Workers and Families First Paid Sick Leave Program, which is intended to combat the economic hardships to be faced by the City’s…more

Coronavirus/COVID-19, Local Ordinance, Paid Leave, Sick Leave

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Kristine Marie Sims

“Show Me the Money”: Pay equity and transparency in the workplace

Today is National Equal Pay Day. They say that the average woman has to work from January 1, 2023, through March 12, 2024, to make as much money as a man who worked only in calendar year 2023. While there are many conversations…more

Age Discrimination, Americans with Disabilities Act (ADA), Civil Rights Act, Equal Pay, Equal Pay Act

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David Smith

OSHA wants you to protect your employees from the heat

The Occupational Safety and Health Administration has recently issued a Notice of Proposed Rulemaking, addressing “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.” This proposed standard would apply to…more

Employee Training, Health and Safety, Heat Exposure, NPRM, OSHA

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Elizabeth Smith

FY 2025 H-1B cap season has begun: What you need to know

The annual H-1B cap season has begun for Fiscal Year 2025. Once again, there will be a two-step process – the registration step and then, if the registration is selected in the H-1B cap lottery, the petition step. Now is the…more

Beneficiaries, Department of Homeland Security (DHS), Foreign Workers, H-1B, Immigrants

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Philip Smith

New Law Lets Employees Sue For Late Payment Of Wages

If you thought employers were overburdened with wage penalties in California, you were wrong. Well, you were right, but apparently the California legislature doesn't think so…more

Corporate Counsel, Employer Liability Issues, Labor Code, Private Attorneys General Act (PAGA), Wage and Hour

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Thomas Song

OSHA wants you to protect your employees from the heat

The Occupational Safety and Health Administration has recently issued a Notice of Proposed Rulemaking, addressing “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.” This proposed standard would apply to…more

Employee Training, Health and Safety, Heat Exposure, NPRM, OSHA

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Nancy Sotomayor

California Mandates Supplemental Paid COVID-19 Leave For Food Workers

Gov. Newsom expands leave to food sector workers. On April 16, Gov. Gavin Newson (D) issued Executive Order N-51-20, expanding the availability of paid sick leave related to COVID-19 for food sector workers who are employed…more

Coronavirus/COVID-19, Executive Orders, Food Service Workers, Governor Newsom, Paid Leave

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Stephen Stecker

New York State joins NYC in passing salary disclosure law

As we wrote here and here, the New York City Council passed a salary disclosure law, Int. 134-A, at the beginning of this year in an effort to increase salary transparency and decrease wage disparities based on gender, race, and…more

Disclosure Requirements, Employer Liability Issues, Hiring & Firing, Job Ads, Job Applicants

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David Steffen

Florida Expands Requirement For Reporting New Hires, Independent Contractors To Department Of Revenue

In an effort to increase child support payment collections, recent amendments to Florida’s family laws directly affect employers and businesses in the state. These amendments took effect October 1. Historically, Florida…more

Child Support, Department of Labor (DOL), Department of Revenue, Florida, Independent Contractors

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Matthew Steinberg

Massachusetts Releases Amended Proposed Paid Family And Medical Leave Regulations

In 2019, the Massachusetts Legislature passed a Paid Family and Medical Leave Law. The law provides for 12 weeks of paid family leave per benefit year, 20 weeks of paid medical leave for the worker’s own serious health…more

Accrued Benefits, Active Duty, Family and Medical Leave Act (FMLA), Health Care Providers, Paid Leave

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Jill Stricklin

Paid Sick Leave Under The FFCRA: What Does It Mean To Be Unable To Work Due To A Quarantine Or Isolation Order?

The Families First Coronavirus Response Act requires employers with fewer than 500 employees to provide paid sick leave and expanded family and medical leave to employees who are unable to work due to COVID-19. The statute lists…more

CARES Act, Coronavirus/COVID-19, Corporate Counsel, Families First Coronavirus Response Act (FFCRA), Sick Leave

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Kenneth Sulzer

PAGA reform is coming – employers, prepare now!

In a major development for employers who do business there, California has passed legislation to reform its Private Attorneys General Act as part of a deal that will lead to the withdrawal of a November 2024 ballot initiative…more

California, Employer Liability Issues, Employment Litigation, Governor Newsom, Labor Reform

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Spring Taylor

Current FMLA Forms Won't Expire Until June 30

The expiration date for the current FMLA forms has been extended, from May 31 until June 30. The forms issued by the U.S. Department of Labor under the Family and Medical Leave Act were set to expire last week, but the DOL…more

Department of Labor (DOL), Employer Liability Issues, Family and Medical Leave Act (FMLA), OMB

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Colin Thakkar

Navigating Workplace Policy Evolution: Insights on NLRB Standards and Employee Handbook Best Practices

Join Constangy attorneys Colin Thakkar and Gary Wheeler for an engaging webinar focused on the dynamic landscape of workplace policies. In this session, we will dissect the recent updates to the National Labor Relations Board's…more

Employee Handbooks, Employee Rights, Employer Liability Issues, Employment Policies, NLRA

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Jeffery Thompson

IRS Issues Guidance On President Trump’s Payroll Tax Memorandum

On August 8, President Trump issued a memorandum directing the Secretary of the Treasury, Steven Mnuchin, to use his authority to defer certain payroll tax obligations in an effort to provide individuals with additional COVID-19…more

IRS, New Guidance, Payroll Taxes, Presidential Memorandum, Social Security Taxes

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Dana Latham Thrasher

A “Vaccine” For COVID-19 ERISA Litigation

ERISA litigation tends to spike when economic uncertainty or turmoil rises. Although many things contribute to this historically verifiable trend, it is easiest for employers to think about just two of them. First, an…more

401k, Capital Investments, Coronavirus/COVID-19, Corporate Counsel, Department of Labor (DOL)

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Jessica Tsuda

Colorado bans the box

Colorado has become the latest jurisdiction to join the “ban the box” movement. The Colorado Chance to Compete Act, signed into law by Gov. Jared Polis (D) on May 28, will take effect September 1 for employers with 11 or more…more

Ban the Box, Criminal Background Checks, Employer Liability Issues, Hiring & Firing, Job Applicants

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Leigh Tyson

Top Three Pregnancy Pitfalls for Employers

Join host Leigh Tyson as she interviews Lara de Leon of our San Antonio and California offices about the three ways employers are most likely to make mistakes with their employees who are pregnant. (Plus a bonus review of the…more

Breastfeeding, Employer Liability Issues, Pregnancy, Pregnancy Discrimination, Reasonable Accommodation

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Patrick Tyson

OSHA wants you to protect your employees from the heat

The Occupational Safety and Health Administration has recently issued a Notice of Proposed Rulemaking, addressing “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.” This proposed standard would apply to…more

Employee Training, Health and Safety, Heat Exposure, NPRM, OSHA

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Stephanie Underwood

DOL Announces 2018 Minimum Wage For Employees Of Some Federal Contractors

On September 15, the U.S. Department of Labor announced the 2018 minimum wage rates for covered federal contractors and subcontractors. Beginning January 1, 2018, federal contractors covered by these requirements will be…more

Department of Labor (DOL), Employer Liability Issues, Executive Orders, Federal Contractors, Minimum Wage

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Patricia-Anne Upson

What GA Employers Need To Know About The Hands-Free Driving Law

The Hands-Free Georgia Act took effect on July 1. Georgia has joined a number of states in prohibiting certain actions related to cell phone use while driving. This new law comes after Georgia saw more than 1,500 people die…more

Cell Phones, Distracted Driving, Mobile Devices, Text Messages

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Jack Wallace

Right-To-Work In Missouri? Voters Say “No” After Legislature Says “Yes”

Right to work goes down in defeat. In a victory for organized labor, Missouri voters Tuesday overwhelmingly rejected (more than 2-to-1) the state’s right-to-work law, which was passed by the legislature and signed by the…more

Employer Liability Issues, Right to Work, Union Dues, Unions

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Allison Wallrapp

Retailer - Summer 2017

NEWS & ANALYSIS - Danger, Will Robinson? Automation is replacing – but also enhancing – many retail jobs- Of the 16 million Americans who work in retail, nearly half could lose their jobs to robots over the next decade, a…more

Department of Labor (DOL), Over-Time, Retail Market, Retailers, Salary/Wage History

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Neil Wasser

OSHA wants you to protect your employees from the heat

The Occupational Safety and Health Administration has recently issued a Notice of Proposed Rulemaking, addressing “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.” This proposed standard would apply to…more

Employee Training, Health and Safety, Heat Exposure, NPRM, OSHA

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Alyssa Watzman

Illinois Supreme Court clarifies Biometric Information Privacy Act

The Illinois Biometric Information Privacy Act, enacted in 2008, was designed to provide individuals with control over their biometric information and to establish standards for collection. The Illinois Supreme Court has…more

Biometric Information, Biometric Information Privacy Act, Collective Bargaining, Facial Recognition Technology, Fingerprints

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Aubrey Weaver

Cyber AI Chronicles I – Introduction to Artificial Intelligence

Artificial Intelligence is not a new concept or endeavor. In October 1950, Alan Turing published “Computing Machinery and Intelligence,” proposing the question: Can machines think? Since then, the concept has been studied at…more

Artificial Intelligence, Cybersecurity, Data Privacy, Data Security, Machine Learning

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John Weltin

It’s Official: Temps And Regular Employees Can Be Combined In One Bargaining Unit, NLRB Says

The National Labor Relations Board is again changing the rules for employers, but the outcome is not really a surprise. The NLRB ruled 3-1 in Miller & Anderson, Inc., that unions can combine in a single bargaining unit…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Joint Employers, NLRB, Staffing Agencies

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Gary Wheeler

Navigating Workplace Policy Evolution: Insights on NLRB Standards and Employee Handbook Best Practices

Join Constangy attorneys Colin Thakkar and Gary Wheeler for an engaging webinar focused on the dynamic landscape of workplace policies. In this session, we will dissect the recent updates to the National Labor Relations Board's…more

Employee Handbooks, Employee Rights, Employer Liability Issues, Employment Policies, NLRA

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Susan Bassford Wilson

Understanding what's at “The Heart of Business"

Can business be a force for good? What happens when you have a noble purpose, put people at the center, embrace all stakeholders, treat profit as an outcome, and push your suppliers, vendors and partners to embrace key values…more

Business Development, Diversity, Diversity and Inclusion Standards (D&I)

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Andrew Witko

Move Over, California! A Summary Of New Employee-Friendly Laws In Virginia

Until this year, most employers doing business in Virginia had to comply with very few employment laws beyond those at the federal level, and the overwhelming number of employment disputes in Virginia were resolved in federal…more

Discrimination, Governor Northam, Independent Contractors, Minimum Wage, Misclassification

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Ginny Woodfork

Colorado’s Safer At Home Orders Add New COVID-19 Protections For Workers

Colorado’s “Safer at Home” Executive Order and accompanying Public Health Order include new anti-discrimination provisions, new protections for employees with COVID-19, and new safety requirements for employers. Protections…more

Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, Infectious Diseases, Personal Protective Equipment

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Jonathan Yarbrough

Looking back at 2021 and ahead to 2022

Host Leigh Tyson interviews Jon Yarbrough about what happened in 2021 in labor and employment law (spoiler alert: a lot!) and what we can expect in 2022…more

Biden Administration, Computer Fraud and Abuse Act (CFAA), Coronavirus/COVID-19, Department of Labor (DOL), Employer Liability Issues

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Jennifer Yeaw

A Reflection On PRIDE And family

June is Pride month, which celebrates Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual, Allies and Pansexual (LGBTQIA+) persons. The annual recognition of Pride is in June to honor the Stonewall Riots of 1969. The…more

Adoption, Citizenship, Foster Children, Immigration, LGBTQ

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Tamula Yelling

Retailer - Fall 2014

Counting the Cost of Payroll Cards: Are they Worth it for Employers? Retailers, as well as other employers, have grown to rely on payroll cards to compensate employees who may not have bank accounts. What are the legal risks of…more

Americans with Disabilities Act (ADA), Criminal Background Checks, Cybersecurity, Disability, Employer Liability Issues

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Erica Young

New York State joins NYC in passing salary disclosure law

As we wrote here and here, the New York City Council passed a salary disclosure law, Int. 134-A, at the beginning of this year in an effort to increase salary transparency and decrease wage disparities based on gender, race, and…more

Disclosure Requirements, Employer Liability Issues, Hiring & Firing, Job Ads, Job Applicants

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David Yudelson

A “Vaccine” For COVID-19 ERISA Litigation

ERISA litigation tends to spike when economic uncertainty or turmoil rises. Although many things contribute to this historically verifiable trend, it is easiest for employers to think about just two of them. First, an…more

401k, Capital Investments, Coronavirus/COVID-19, Corporate Counsel, Department of Labor (DOL)

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Xuan Zhou

Data collection on corporate websites is a litigation risk

Businesses continue to be subjected to a steady stream of consumer class action lawsuits alleging improper collection or disclosure of information from their websites. A variety of laws and legal claims are used to support the…more

CIPA, Class Action, Data Collection, Data Privacy, Data Security

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